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Home My WebLink About11-07-16 CC Mtg - A3. Resolution 4742, Amending TBID Assessments for the Lark Hotel Correction Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, City Treasurer Carol Neibauer, Assistant Treasurer Anna Rosenberry, Administrative Services Director SUBJECT: Resolution 4742 / Amend Annual Assessments for Tourism Business Improvement District (TBID) for Fiscal Year 2017 to correct the assessment for The Lark hotel. MEETING DATE: November 7, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4742/Amend Annual assessments for the Tourism Business Improvement District (TBID) for the FY2017 to correct the assessment for The Lark hotel. BACKGROUND: The Commission was presented on June 13, 2016 with the TBID (Tourism Business Improvement District) work plan and budget. As a result of that review, Resolution 4722, was drafted and approved on September 19th. Recently the Lark brought to our attention that the assessment for The Lark (aka The Imperial Four Hundred) was incorrectly assessed; one quarter of the room counts was missed. They were charged for 7,245 rooms instead of 10,515 rooms. FISCAL EFFECTS: The lodging facilities within the tourism businesses district will be billed based on the total rooms occupied per night for the time period from July 1, 2015 to June 30, 2016. The charge is $2.00 per occupied room per night. The total assessment for the entire district approved on September 19th in the amount of $973,264.00, will be increased by $6,540.00, therefore a new total for the district of $ 979,804.00. ALTERNATIVES: As suggested by the City Commission. 332 Memo compiled on: October 27, 2016 Attached Documents: Resolution #4742 and Amended Schedule A 333 Page 1 of 3 COMMISSION RESOLUTION NO. 4742 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CORRECTING THE LEVY AND ASSESSMENT OF THE $2 PER ROOM NIGHT FEE FOR OVERNIGHT STAYS AT THE LARK LODGING FACILITY LOCATED IN THE BOZEMAN TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) FOR THE FISCAL YEAR 2017. WHEREAS, the City Commission of the City of Bozeman created the Bozeman Tourism Business Improvement District, pursuant to the provisions of Title 7, Chpt. 12, Part 11, MCA, for the purpose of aiding tourism, promotion, and marketing within the district; and WHEREAS, the City Commission codified the TBID at Chpt. 3.22 of the Bozeman Municipal Code; and WHEREAS, the City Commission of the City of Bozeman did, on the 13th day of June, 2016, following notice and public hearing, approved the Fiscal Year 2017 work plan and budget for the Bozeman Tourism Business Improvement District; and WHEREAS, the FY 2017 work plan and budget provides for every lodging facility included within the boundaries of the Bozeman Tourism Business Improvement District that provides ten (10) or more rooms for temporary overnight accommodations, lodging, dwelling, or sleeping facilities for transient guests, and hostels, subject to the exemptions described in 3.22.020.F, BMC, to assess a $2.00 per occupied room night fee for overnight stays, pursuant to Section 7-12-1133 (2)(c), MCA; and WHEREAS, to defray the costs of the tourism business improvement district for the coming assessment year (FY 2017) the Commission approved Resolution 4722 on September 19, 2016. WHEREAS, it was recently brought to our attention that an error had occurred in the reporting of the Larks room count and this resolution corrects the assessment for The Lark hotel. NOW, THEREFORE, BE IT RESOLVED THAT: Section 1 In accordance with 3.22.020., Bozeman Municipal Code, and Title 7, Chapt.12, Part 11, MCA, the Bozeman Tourism Business Improvement District assessments for lodging facilities which provided ten (10) or more rooms for temporary overnight accommodations, lodging, dwelling, or 334 Resolution 4742, Amending Annual Assessments for TBID for FY17 to Correct the Lark Hotel Page 2 of 3 sleeping facilities for transient guests, and hostels, subject to the exemptions described in 3.22.020.F, BMC, during the time period of July 1, 2015 and June 30, 2016 shall be as described in Exhibit A. Section 2 This assessment is levied to fund the district’s work program for Fiscal Year 2017 (July 1, 2015 through June 30, 2016), will be billed in October 2016, and collected as are all other special assessments. Section 3 It is the intent of the Commission that for the fiscal year beginning July 1, 2015, every lodging facility included within the boundaries of the Bozeman Tourism Business Improvement District that provides ten (10) or more rooms for temporary overnight accommodations, lodging, dwelling, or sleeping facilities for transient guests, and hostels, subject to the exemptions described in 3.22.020.F, BMC, shall be required to collect a $2.00 per room night fee for overnight stays. This collection will form the basis for the assessments to be calculated in approximately September 2016 and be specifically calculated and assessed by subsequent Resolution of the Commission to each property in October 2016. The assessment to be levied in October 2016 will be used to fund the work program for Fiscal Year 2017 (July 1, 2015 through June 30, 2016). Section 4 Disposition of Collections - That the assessments as collected shall be placed in the business improvement district fund and shall be used to defray the costs thereof as provided by law. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 7th of November, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 335 Resolution 4742, Amending Annual Assessments for TBID for FY17 to Correct the Lark Hotel Page 3 of 3 APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 336 10/27/16 12:02:09 CITY OF BOZEMAN PAGE 1 TBID EXHIBIT A AMENDED FY17 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED BOZEMAN HOSPITALITY LLC TANGES ADDITION LOT 6 BLO & AMENDED LOT 2A BLOCK 2 2.568 ACRES DAY'S INN & 51,112.00 BOZEMAN LODGING INVESTORS STONERIDGE SUBDIVISON NO LOT 57 64,218.00 BOZEMAN LODGING LLC MINOR SUB 358B LOT 2 2.503 ACRES PLUS COMMON A 28,622.00 BUFFALO VENTURES LLC TANGE'S SUBDIVISION LOT 2 & 3 AMENDED BLOCK 3 NOW LOT 2A 48,304.00 C'MON INN BOZEMAN COS 1827 TRACT B-1 4.24 AMERIMONT ANNEX E2 58,414.00 CAPE-FRANCE ENTERPRISES COS 1827A TRACT A-1 23.35 ACRES 42,284.00 EASM LLC MCCHESNEY IND PARK AMENDE LOT 2 1.869 ACRES 15,844.00 FOLKVORD INVESTMENTS LLC VIOLETT LOTS 1-4 BLOCK 2 LOTS 9-12 BLOCK 2 RAINBOW MOTEL 8,130.00 GALLATIN HOSPITALITY LLC MCCHESNEY IND PARK AMENDE LOT 1 1.558 ACRES 30,332.00 GRAN TREE HOTELS LP TANGES ADDITION AMENDED LOTS 1A-A BLOCK 2 AMENDED LOTS 2-4 BLOCK 1(5.615 AC 73,056.00 G25 HOLDINGS LLC O P-BOZ LOTS 6-12 BLOCK G AMENDED PLAT LOT 6-A PLAT C-1-L .684 ACRES 38,296.00 LODGING INVESTORS LLC WHEAT COMMERCIAL SUBDIVIS LOT 6 49,478.00 MARIC PROPERTIES BOZEMAN WHEAT COMMERCIAL SUBDIVIS LOT 10 24,312.00 MARIC PROPERTIES LLC NP TRACT 4A REARRANGED LOTS 18-32 BLOCK 24 PLAT C-23-R 17,988.00 MCRT BOZEMAN LLC GALLATIN CENTER SUBDIVISI PUD PHASE I LOT 1 58,092.00 OAK STREET PARTNERSHIP WESTLAKE ANNEXATION TRACT MINOR SUBDIVISION #97 LOTS 1 & 3 COMFORT INN 47,326.00 QUIET LODGING LLC WALKER PROPERTY SUB AMND LOT 3A BLK 4 2.33 AC 16,618.00 ROYAL "7" MOTEL BORDERS TRACT 13 EAST 35' LOT 2 ALL LOTS 3-6 BLOCK 19,898.00 RW BOZEMAN LLC CAPE-FRANCE MINOR SUB #35 LOT 2B 2.66 ACRES PLUS COMMON AREA INTEREST 24,080.00 SAEM LLC WHEAT COMMERCIAL SUBDIVIS LOT 8 PRIME RATE MOTEL 17,030.00 SEBENA, LISA STORYS WEST 20' LOT 12, A LOT 13, 60 X 131' WEST OF LOT 13, BLOCK F LOTS 1-5 20,936.00 SUMMIT HOLDINGS LLC AMENDED C-23-D (RANCH HO NP BEING PORTION OF BLOCKS 24, 27 & 28 TRACT 8,398.00 SUMMIT HOLDINGS LLC ROYAL VISTA LOTS 9-14 BLO & PORTION VACANT 30' SVC BOZEMAN INN CONDOS UNIT 2 22,998.00 TANGE FAMILY LLC C/O CINN TANGE'S SUBDIVISION LOT 1 AMENDED BLOCK 3 39,480.00 TCIP PARTNERSHIP HOLIDAY INN ANNEX BEING 6.056 ACRES LOT 1 BLOCK L HOLIDAY INN 50,334.00 THE IMPERIAL FOUR HUNDRED STORYS W 25' LOT 4, ALL LOTS 5-7 S 18' LOTS 8-9 BLOCK B & N 53' LOTS 12-1 21,030.00 UNLIMITED VENTURES LLC WINGATE TRACT BEING TRACT OF MINOR SUBDIVISION 210 3.578 ACRES COS 1979 39,380.00 WBC, LLC WHEAT COMMERCIAL SUBDIVIS LOT 9 & 11 ROADWAY INN 23,164.00 W2005/FARGO HOTELS(POOL C WHEAT COMMERCIAL SUBDIVIS LOT 3 20,650.00 FINAL TOTALS TOTAL 979,804.00 * * * E N D O F R E P O R T * * * 337